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RULE 128 Section 1. Evidence Defined. - Evidence Is The Means, Sanctioned by These Rules, of Ascertaining

This document outlines the key definitions and principles related to evidence under Philippine law. It defines evidence as the means of ascertaining the truth in a judicial proceeding regarding a matter of fact. It also defines various types of evidence such as direct evidence, circumstantial evidence, expert evidence, and best evidence. The document states that the rules of evidence shall be uniform across all courts and proceedings, with exceptions provided by law. It also establishes two qualifications for evidence to be admissible: it must be relevant to the issues of the case, and it must be competent or lawful based on the constitution and rules of evidence. Evidence that has no probative value or does not relate to the factual issues of the case would be in

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Prudencio Ruiz Agacita
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258 views3 pages

RULE 128 Section 1. Evidence Defined. - Evidence Is The Means, Sanctioned by These Rules, of Ascertaining

This document outlines the key definitions and principles related to evidence under Philippine law. It defines evidence as the means of ascertaining the truth in a judicial proceeding regarding a matter of fact. It also defines various types of evidence such as direct evidence, circumstantial evidence, expert evidence, and best evidence. The document states that the rules of evidence shall be uniform across all courts and proceedings, with exceptions provided by law. It also establishes two qualifications for evidence to be admissible: it must be relevant to the issues of the case, and it must be competent or lawful based on the constitution and rules of evidence. Evidence that has no probative value or does not relate to the factual issues of the case would be in

Uploaded by

Prudencio Ruiz Agacita
Copyright
© © All Rights Reserved
We take content rights seriously. If you suspect this is your content, claim it here.
Available Formats
Download as DOCX, PDF, TXT or read online on Scribd
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RULE 128

Section 1. Evidence defined. — Evidence is the means, sanctioned by these rules, of ascertaining
in a judicial proceeding the truth respecting a matter of fact.

Proof - It is merely the probative effect of evidence and is the conviction or persuasion of the mind resulting from
consideration of the evidence.

Evidence – Mode or manner of proving competent facts in judicial proceeding.

- Relevant evidence – evidence which has a relation to the fact in issue as to induce belief
in its existence or non-existence; evidence which tends in any reasonable degree to
establish the probability or improbability of the fact in issue.
- Material evidence – evidence which is directed to prove a fact in issue as determined by
the rules of substantive law and pleadings; evidence of such quality of substantial
importance to the particular issue, apart from its relevance
The terms “relevant” and “material” are practically the same. They are used interchangeably by
the SC. 
- Competent evidence – evidence which is not excluded by the law or by the Rules of
Court

- Direct evidence – evidence which proves a fact in dispute without the aid of any
inference or presumption

- Circumstantial evidence – proof of facts from which, taken collectively, the existence of
the particular fact in dispute may be inferred as a necessary or probable consequence

- Expert evidence – testimony of a witness regarding a question of science, art or trade,


when he is skilled therein

- Prima facie evidence – evidence which suffices for the proof of a particular fact until
contradicted and overcome by other evidence

- Conclusive evidence – evidence which is incontrovertible and which the law does not
allow to be contradicted

- Cumulative evidence – evidence of the same kind and character as that already given and
tends to prove the same proposition

- Corroborative evidence – evidence of a different kind and character tending to prove the


same point 

- Best evidence – evidence which affords the greatest certainty of the fact in question
- Secondary evidence – evidence which is necessarily inferior to primary/best evidence and
shows on its fact that better evidence exists 

- Factum probans – the evidentiary fact by which the factum probandum is to be


established; material evidencing the proposition, existent, and offered for the
consideration of the tribunal

- Factum probandum – the ultimate fact sought to be established; proposition to be


established, hypothetical, and that which one party affirms and the other denies

Section 2. Scope. — The rules of evidence shall be the same in all courts and in all trials and
hearings, except as otherwise provided by law or these rules.

Principle of Uniformity
The function and application of the rules of evidence shall be the same in all courts and in all trials and hearings.

May be made as an exception:


a. Judicial Affidavit Rule – it allows or requires the taking of testimony of witnesses be
done not in open court. But elsewhere.
b. Hearing conducted via video conference

Rules of procedure, its application may vary depending upon the nature of the case.
Examples:
a. Recovery of possession – depend upon the allegations of the complaint
b. Ejectment – summary procedure
c. Plenary action for recovery of possession – ordinary rules of procedure
d. Purely civil in nature or for payment – procedure for small claims cases
e. Environment, inter corporation, corporation rehabilitation, legal separation, annulment,
and nullity of marriage – special rules of proceeding by the high court.
f. Evidence – rules on evidence

Section 3. Admissibility of evidence – evidence is admissible when it is relevant to the issue and
not excluded by the constitution , the law or these rules.

Two Qualification for admissibility:


a. Relevance
b. Competence

Note:

If the evidence presented has no probative value, it is inadmissible on the ground of irrelevant
evidence.
If the evidence presented has nothing to do with the issue of fact generated by the allegations, it
is inadmissible on the ground off immaterial evidence.

If the evidence sought to be presented is testimonial and the witness cannot make known his or
her perception to others, he or she should be disqualified o being an incompetent witness,

ADMISSIBILITY OF EVIDENCE AND PROVATIVE VALUE OF EVIDENCE

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